RETURNING RESIDENT VISA

If you are a non-UK citizen and are not currently in the UK, but have previously been granted indefinite leave to remain in the UK, you may be eligible to return to the UK for settlement as a returning resident.

What are the main eligibility requirements of the Returning Resident visa?

The requirements that you will need to satisfy in order to be admitted to the UK for settlement as a returning resident will vary depending upon whether you have been away from the UK for more, or less than, 2 years.

If you have been outside the UK for more than 2 years, you should apply for a Returning Resident visa before travelling. You may also apply for a Returning Resident visa if you have been away for less than 2 years. In each case, entry to the UK may be refused if the requirements of the Immigration Rules are not satisfied.

Requirements for entry as a Returning Resident: absent from the UK for less than 2 years

You may be admitted to the UK for settlement as a returning resident if the Immigration Officer on arrival is satisfied that you:

Had indefinite leave to remain in the UK when you last left the UK; and

Have not been away from the UK for more than 2 years; and

Did not receive assistance from public funds towards the cost of leaving the UK; and

Now seek admission for the purpose of settlement.

If you consider that the Immigration Officer may have concerns in relation to your ability to satisfy any of the above requirements then you should consider applying for a Returning Resident visa before you travel.

Requirements for entry as a Returning Resident: absent from the UK for more than 2 years

If you have been absent from the UK for over two years then you should apply for a Returning Resident visa before travelling to the UK. You will need to satisfy UK Visas and Immigration that you:

Had indefinite leave to remain in the UK when you last left; and

Did not receive assistance from public funds towards the cost of leaving the UK; and

Now seek readmission for the purpose of settlement; and

There are good reasons for you to be admitted as a returning resident.

What else do I need to know about the Returning Resident visa?

Having strong family ties in the UK, or having lived in the UK for most of your life, may be good reasons for you to be admitted as a returning resident. However there may be other good reasons.

Intervening visits to the UK may assist; however they may also undermine an application for a returning resident visa depending upon the timing and circumstances of the visits.

In the event that you cannot meet the requirements to enter the UK as a returning resident, but you have previously spent a continuous period of 10 years lawfully in the UK, you may be able to enter on another basis and then submit a Long Residence application.

In the event that your application is refused, you will have a right of appeal against the decision, if you have raised a human rights claim as part of your application.

How our immigration barristers can help

Whether you require expert advice on the requirements of the Immigration Rules, an independent assessment of your prospects of qualifying as a returning resident or professional assistance with preparing an immigration application or appeal, our immigration barristers can help.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to individuals as part of a professional and friendly service.

WE CAN ALSO ASSIST WITH

Making a Subject Access Request to the Home Office

If you need to confirm your immigration status and travel history in the UK, we can apply to the Home Office for disclosure of your immigration records. We will analyse your immigration history in order to advise you on the prospects of making a successful application for indefinite leave to remain.

Applications for ILR on grounds of Long Residence

If you are a non-UK national and have lived in the United Kingdom continuously and lawfully for 10 years, you may qualify for indefinite leave to remain (ILR) in the UK on the basis of Long Residence.

Fresh applications and immigration Appeals for Returning Residents

If your returning resident application has has been refused, our immigration barristers can advise you on the merits of making a fresh application and/or challenging the decision by way of an appeal to the Immigration Tribunal.

As well as preparing high quality visa applications, our immigration barristers provide professional legal advice and representation in relation to every aspect of pursuing a UK immigration appeal.

Our immigration appeal barristers advise on the merits of appealing against Home Office immigration decisions, draft grounds of appeal and applications for permission to appeal, prepare appeal bundles and provide representation at immigration appeal hearings before the First-tier Tribunal, Upper Tribunal and higher courts.

WHAT CAN WE HELP YOU WITH?

To arrange an initial consultation meeting with one of our immigration barristers, contact our Settlement team on 0203 617 9173 or complete our enquiry form.

Expert advice & representation from immigration barristers that you can rely on.

AWARDS

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Richmond Chambers LLP is a limited liability partnership registered in England and Wales and authorised and regulated by the Solicitors Regulation Authority. Barrister members are also regulated by the Bar Standards Board.